Pennsylvania Firearm Owners Association
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Thread: This is scary

  1. #1
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    Default This is scary

    I bought a shotgun from a friend who told me that it was a gift to him from his grandfather. Turns out it wasn't a gift. He sold it without permission. Now the grandfather is royally pissed and wants the guns back. Apparently he made up a story and told his grandfather it was just at a friends house getting cleaned. He's telling me he needs the gun back (to give back to his grandfather) and will refund the money i paid for it. I would rather give it back to the grandfather because now i don't trust him. Am i technically in possession of a stolen firearm? Can i get in trouble by relinquishing it to the kid and not the grandfather???

  2. #2
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    Default Re: THIS IS SCARY

    Receiving stolen property charge contains a "should have known" clause. If you paid an amount way below obvious value, you could be charged.

    Now you are on notice that it IS stolen. Return it to the rightful owner. Why would you even consider handing it back to a thief?

    By the way...why did you write the plural guns?
    Last edited by Bang; October 11th, 2013 at 09:36 PM.

  3. #3
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    Default Re: THIS IS SCARY

    I just told him that i will only give it back to his grandfather. He seemed mad but i explained to him that he obviously can't be trusted. How do i even know it really belongs to his grandfather anyway? I just contacted a cop friend of mine and he said i should under no circumstances give it back. Now i'm thinking i should contact the authorities in my area. I just want to get rid of it before i get in trouble and worry about the money later.

  4. #4
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    Default Re: THIS IS SCARY

    Here is the statute....

    § 3925. Receiving stolen property.
    (a) Offense defined.--A person is guilty of theft if he
    intentionally receives, retains, or disposes of movable property
    of another knowing that it has been stolen, or believing that it
    has probably been stolen, unless the property is received,
    retained, or disposed with intent to restore it to the owner.
    (b) Definition.--As used in this section the word
    "receiving" means acquiring possession, control or title, or
    lending on the security of the property.

    You didn't know before, but now you do... so I would get the gun back to the grandfather ASAP and explain to him fully what had happened. This is why I would never buy a rifle or shotgun from anyone who would not be willing to go through a FFl... just an added layer of protection.

  5. #5
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    Default Re: THIS IS SCARY

    Plural gunS because he sold 2 other guns to another friend

  6. #6
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    Default Re: THIS IS SCARY

    Why assume the thief is now telling you the truth about the true ownership of the gun?

    If you want to do the right thing now and worry about the money later, contact the local police and tell them the story you were told. The cops can get a statement from the grandfather regarding his ownership, and perhaps arrangements can also be made with his grandson regarding your repayment.
    IANAL. I don't give legal advice. I'm only stating my OPINION.
    (Did I really need to say that on an Internet forum? LOL)

  7. #7
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    Default Re: This is scary

    You're knowingly in possession of a stolen firearm. I would suggest either an attorney or call the police and surrender it to them. Explain the situation and let your "friend" twist in the wind. It will be up to his grandfather if he wants to press charges but I'd be damned if I'd hang on to it now that you have posted what you posted for the world to see. I also wouldn't return it to the thief.

    The grandfather has no obligation to pay you for the gun that was stolen from him. Don't even go there. You can press charges on your friend as well so that may give you the leverage to get your money back from him.
    Last edited by unclejumbo; October 11th, 2013 at 11:10 PM.
    "A man who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself"

    "He created the game, played the game, and lost the game.... All under his own terms, by his own doing." JW34

    "Tolerance is the lube that helps slip the dildo of dysfunction into the ass of a civilized society." Plato

  8. #8
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    Default Re: This is scary

    That's a tricky one. I'd call the police and let them handle.
    Gunowner99 - NRA Benefactor Life Member

  9. #9
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    Default Re: THIS IS SCARY

    Id pick my "friends" a bit more carefully.....I can honestly say I dont call or have someone that would do anything remotely like that as a "friend". Good luck

  10. #10
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    Default Re: This is scary

    Quote Originally Posted by Gunowner99 View Post
    That's a tricky one. I'd call the police and let them handle.
    Yep, as stated above, call the grandfather & meet him at the local PD to turn it over. Just be happy you are not in the clink on possession of a stolen firearm charge, and chalk it up as a loss... You will learn who your real friends are eventually!

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